EPA v. POLYCHEMIE, INC.

Case summary

6/7/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $75,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JUNE 16, 2008, REPS OF EPA AND MDEQ PERFORMED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF THE FACILITY. ON DEC 9, 2008, RESPONDENT SUBMITTED INFO IN RESPONSE TO A REQUEST FOR INFO FROM EPA. ON MAY 7, 2009, EPA ISSUED A NOV ALLEGING CERTAIN VIOLATIONS OF RCRA BASED UPON THE CEI AND RESPONSE TO THE REQUEST FOR INFO. RESPONDENT MANUFACTURES WATER-SOLUBLE POLYMERS THAT ARE USED IN MUNICIPAL AND INDUSTRIAL WASTEWATER TREATMENT OPERATIONS. THE FACILITY PRODUCTION PROCESSES INCLUDE AN ETHYLENE DICHLORIDE (EDC)/AMMONIA PROCESS, A POLYAMINES PROCESS, A POLYDIALLYLDIMETHYL-AMMONIUM CHLORIDE (DADMAC) MONOMER PROCESS, AND A DADMAC POLYMER PROCESS. RESPONDENT'S DADMAC MONOMER PRODUCTION PROCESS GENERATES A SOLID WASTE, ALLYL CHLORIDE WASTE. THE ALLYL CHLORIDE WASTE FROM THE DADMAC MONOMER PRODUCTION PROCESS EXHIBITS THE CHARACTERISTICS OF IGNITABILITY UNDER 40 CFR 261.20 AND IS THEREFORE A HAZ WASTE (D001). BASED ON THE RECORDS REVIEWED DURING THE CEI, EPA AND MDEQ REPRESENTATIVES DETERMINED THAT RESPONDENT DID NOT SIGN THE CERTIFICATION ON A MANIFEST DATED SEPT 22, 2006, BY HAND. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO SIGN THE CERTIFICATION ON A MANIFEST DATED SEPT 22, 2006, BY HAND IN VIOLATION OF 40 CFR 262.23(a)(1). BASED ON THE RECORDS REVIEWED DURING THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT DID NOT HAVE WEEKLY INSPECTION RECORDS THAT DEMONSTRATED THE CONTAINER STORAGE AREA WAS INSPECTED EACH WEEK IN '07. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO CONDUCT WEEKLY INSPECTIONS OF THE CONTAINER STORAGE AREA EACH WEEK IN '07 AS REQUIRED BY 40 CFR PART 265, SUBPART I IN VIOLATION OF 40 CFR 265.174. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO ADEQUATELY INSPECT T-830 AND ITS ANCILLARY PIPING AT LEAST ONCE EACH OPERATING DAY AND TO DOCUMENT SUCH INSPECTION IN ACCORDANCE WITH 40 CFR PART 265 SUBPART J. THEREFORE RESPONDENT WAS IN VIOLATION OF 40 CFR 265.193(f) AND 265.195. AT THE TIME OF THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT FAILED TO: A. MARK EACH PIECE OF EQUIPMENT TO WHICH 40 CFR PART 265 SUBPART BB APPLIES IN SUCH A MANNER THAT IT CAN BE DISTINGUISHED READILY FROM OTHER PIECES OF EQUIPMENT; AND B. PERFORM MONTHLY LEAK DETECTION MONITORING OF THE VALVES IN LIGHT LIQUID SERVICE; IN VIOLATION OF 40 CFR 265.1050(c). COMPLAINANT ALLEGEST THAT RESPONDENT FAILED TO CONDUCT MONTHLY MONITORING TO DETECT LEAKS ON EQUIPMENT TO WHICH 40 CFR PART 265, SUBPART BB APPLIES, USING THE METHODS AND PROCEDURES SPECIFIED IN 40 CFR 265.1063(b), FOR ALL VALVES IN LIGHT LIQUID SERVICE. THEREFORE, RESPONDENT WAS IN VIOLATION OF 40 CFR 265.1057. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO RECORD THE TIME THAT SAMPLES WERE COLLECTED FOR TANK T-830 AS REQUIORED BY 40 CFR PART 265, SUBPART CC. THEREFORE, RESPONDENT VIOLATED 40 CFR 265.1090(b)(2)(i). AT THE TIME OF THE CEI, EPA AND MDEQ REPS DETERMINED THAT RESPONDENT DID NOT MARK HAZ WASTE TANK T-830 WITH THE START DATE FOR WHICH HAZ WASTE ACCUMULATION BEGAN. COMPLAINANT ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.34(a)(2), BY FAILING TO CLEARLY MARK ITS HAZ WASTE STORAGE TANKS WITH AN ACCUMULATION START DATE. COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO LIST THE OFFICE AND HOME ADDRESSES OF ALL PERSONS QUALIFIED TO ACT AS AN EMERGENCY COORDINATOR AS REQUIRED BY 40 CFR PART 265, SUBPART D. THEREFORE RESPONDENT VIOLATED 40 CFR 265.52(d). COMPLAINANT ALLEGES THAT RESPONDENT FAILED TO SATISFY THE REQUIREMENTS NECESSARY FOR A GENERATOR TO ACCUMULATE HAZ WASTE ON-SITE FOR 90 DAYS OR LESS W/OUT A PERMIT OR INTERIM STATUS PURSUANT TO 40 CFR 262.34(a). THEREFORE, COMPLAINANT ALLEGES THAT RESPONDENT WAS STORING HAZ WASTE W/OUT A PERMIT IN VIOLATION OF RCRA SEC 3005(a). EPA AND MDEQ REPS DETERMINED THAT RESPONDENT FAILED TO ADEQUATELY LABEL AND DATE A CONTAINER OF UNIVERSAL WASTE LAMPS IN VIOLATION OF 40 CFR 273.14(e).

Defendants (1)

• POLYCHEMIE, INC.Named in complaintNamed in settlement

Facilities (1)

• POLYCHEMIE INC

  3080 PORT AND HARBOR DRIVE, PEARLINGTON, MS, 39572

  Registry ID: 110000879675

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• POLYCHEMIE, INC.entered 2010-06-07

  Primary law: RCRA

  Federal penalty: $75,000

Timeline (4 milestones)

• 2010-06-07Complaint Filed/Proposed Order
• 2010-06-07Final Order Issued
• 2010-06-18Enforcement Action Closed
• 2010-07-08Enforcement Action Data Entered